Why Quinn should sign the concealed carry bill

Gov. Pat Quinn should immediately sign the concealed carry statute passed by the General Assembly at the end of its session last week.

That action by Quinn will bring to an end the dangerous uncertainty about Illinois gun law created by the 7th U.S. Circuit Court of Appeals decision in December that Illinois' total ban on the concealed carry of weapons is unconstitutional. If Quinn were to veto the bill, he would be undermining effective gun control in Illinois. If he does that the General Assembly should come into immediate session and override the veto by the same large majorities that supported passage of the bill in both the Senate and the House.

Illinois was given until Sunday by the federal court to pass a new concealed carry law. Quinn called for an appeal of that decision to the U.S. Supreme Court. But his claim that such an appeal would serve the interests of effective gun control is false. An appeal would be a loser that would undermine gun control in Illinois and elsewhere.

Illinois is the only one of the 50 states with a total ban on concealed carry. The Supreme Court decided in 2008 that the Second Amendment gives individuals a constitutional right "to keep and bear arms." That means any gun control must be justified under the U.S. Constitution. The court of appeals said Illinois' total ban failed any test of constitutional scrutiny. That conclusion is inescapable given that the ban has demonstrably not kept Illinois crime rates from reaching levels that are way beyond those in many places, like New York City, that allow some form of concealed carry.

Illinois Attorney General Lisa Madigan wisely decided to defer any decision on an appeal to see if the Illinois legislature would take the necessary corrective action. It has now done so. If Quinn throws a wrench into that responsible action and tries to force an appeal, he will be playing into the hands of the National Rifle Association and other gun control opponents. Those opponents are the only ones who want to see the statute taken to the Supreme Court.

The new law would have real teeth. In the midst of legislative inaction on other issues, state Sen. Kwame Raoul, the chief spokesman for Chicago legislators seeking more restrictions, and state Sen. Gary Forby and state Rep. Brandon Phelps, who represent downstate districts where gun rights are strongly supported, deserve credit for doing what legislators are supposed to do. They crafted a responsible bill that could pass both houses.

The new law requires any citizen seeking a concealed carry permit to undergo at least 16 hours of training on how to use the weapon. It completely bars permits for convicted felons, people with a history of mental health problems and other appropriate categories. It requires notice to local law enforcement of any permit application and allows law enforcement authorities to raise any other grounds that they believe warrant denial. No one can see this statutory process as one that will allow permits for gang members or others who are likely to use guns for criminal purposes.

Since the court set a Sunday deadline, Quinn should act quickly. Madigan has asked the court for additional time and possibly that request will be granted. But it doesn't take any more time to know that the General Assembly has acted responsibly. The issue is too important for cheap political grandstanding. The governor should sign the new law now.

John Schmidt, a law partner in Mayer Brown LLP, served from 1994 to1997 as the associate attorney general of the United States.